Summary On 16 March 1997, the opening of seal hunting season was marked by the sinking of the GILBERT D. after she was trapped in the ice during the night. The eight crew members were transferred to another vessel and later transported safely to land by helicopter. Ce rapport est galement disponible en franais. Other Factual Information Particulars of the Vessel The fishing vessel GILBERT D. is constructed of wood covered with glass fibre reinforced plastic. On 15 March 1997, at approximately 0345[1], as a small fleet was preparing to leave Cap-aux-Meules for the seal hunting ground north of the islands, a Canadian Coast Guard icebreaker went ahead of the fleet and cleared a path from Pointe de l'est to open water to facilitate passage to their destination. The vessels, including the GILBERT D., wanted to reach the hunting ground by evening. When the fleet arrived at the hunting ground, four vessels were in an area of open water measuring approximately 0.75 nautical miles (M). The four vessels planned to spend the night there and start hunting at first light. During the night, the winds were blowing from the north at 40 to 50 knots. On the morning of 16 March 1997, the ice had moved in and trapped the GILBERT D. and JEAN MATHIEU in the area of open water, which was now filled with ice. The pressure of the ice on the hulls of the two vessels lifted the bow of the GILBERT D., but the stern was caught in the ice and the hull was stove in in way of the engine compartment. The crew members surveyed the damage and concluded that the engine compartment would be flooded when the ice pressure receded, that the GILBERT D. would go down and that they could not save her. Nothing could be done to prevent the sinking, and as anticipated, the GILBERT D. went down quickly on 16 March 1997, at about 1610. There were no injuries and no apparent pollution. The crew members of the GILBERT D., who were now on the ice, were transferred to the fishing vessel BEL ESPOIR and later transported to the islands by a Canadian Coast Guard helicopter. The inspection certificate of the GILBERT D. was issued on 28 October 1993 and was valid until 01 December 1995. The vessel had not gone out during the 1996 fishing season, as the owner took delivery of a new steel fishing vessel to replace the GILBERT D.. However, at the owner's request, the certificate of the GILBERT D. was extended to 27 October 1997 following a hull inspection on 26 February 1997. Inspection certificates for small fishing vessels are normally valid for four years. However, the certificate issued in 1993 was a short-term inspection certificate good for only two years. It was apparently decided that a short-term certificate should be issued because some equipment on the GILBERT D. needed to be repaired or replaced. Furthermore, the certificate carried a restriction requiring that fishing voyages be limited to 60 M from the coast. All permits bear the name of the vessel to be used in the hunt. According to Fisheries and Oceans Canada, permit holders are not authorized to use any vessel other than the one for which the permit is issued. The only requirement that Fisheries and Oceans Canada has for the issuance of a permit is that the length of the vessel not exceed 20 m. The certificate did not carry any restrictions regarding the operation of the GILBERT D. in ice. The Canada Shipping Act defines fishing vessel as a ship that is employed in catching fish, whales, seals, walrus or other living resources of the sea, and that does not carry passengers or cargo. The GILBERT D. held a valid SIC 29 at the time of the sinking. Under the Canada Shipping Act, seal hunting is considered a fishing operation, and the inspection certificate carries no restrictions relating to ice navigation. A seaworthy vessel is fit for navigation on the sea or a navigable waterway. A vessel must not be put out to sea unless she is seaworthy. After a vessel is inspected by a maritime authority, a certificate is issued to certify that the vessel meets the applicable standards for construction and safety and is seaworthy. The vessel must be appropriately built, equipped and crewed for the task intended. Transport Canada Ship Safety is aware that fishing vessels at les de la Madeleine are used in winter seal hunting in ice-infested waters. Fishing vessels that are used for fishing are not designed or strengthened for navigation in ice-infested waters. The practice is apparently tolerated by Transport Canada Ship Safety.